SC’s key observations in ATM Azhar’s acquittal verdict

The Appellate Division of the Supreme Court on Tuesday has acquitted Jamaat leader ATM Azharul Islam from the death penalty in a war crimes case related to crimes against humanity during the Liberation War. The verdict came with several important observations by the highest court.

ATM Azhar’s lawyer, Mohammad Shishir Monir, informed reporters that the court made four key observations in its ruling. He stated that the earlier verdict had fundamentally altered the criminal justice system of Bangladesh and the Indian subcontinent, which he described as a major error.

Shishir Monir criticized the previous judgment for imposing the death penalty without proper assessment of the evidence, calling it “injustice in the name of justice.” He added that the earlier Appellate Division had failed to properly consider the evidence presented.

Reacting to the verdict, Shishir Monir said, “Today’s decision is a victory for truth and a defeat for falsehood. Previously, six top leaders of Jamaat and BNP were executed, and at least five prisoners died in jail, marking an unprecedented chapter of cruelty in world history.”

He described ATM Azharul Islam as fortunate to have received justice, stating, “We believe Allah protected him. This verdict ends the era of syndicated injustice and upholds the dignity of Bangladesh’s judiciary.”

The full bench of seven judges, led by Chief Justice Dr. Syed Refaat Ahmed, unanimously approved Azhar’s appeal, overturned the International Crimes Tribunal verdict, and acquitted him of the death penalty. This is the first time an accused in crimes against humanity cases has been acquitted of the death penalty by the Appellate Division.

Barrister Ehsan Abdullah Siddiqui and advocate Mohammad Shishir Monir represented ATM Azhar, while lawyer Gazi MH Tamim appeared for the prosecution, and Additional Attorney General Barrister Anik R Haque represented the state.

Prominent Jamaat leaders, including Deputy Amir Dr. Syed Abdullah Md. Taher, Acting Secretary-General Maulana ATM Masum, and others, were present in the Supreme Court during the verdict announcement.

The Supreme Court had granted leave for Azhar’s review petition on 26 February 2025, following which the appeal hearing was conducted, and the verdict was scheduled for 8 May.

ATM Azharul Islam was originally sentenced to death by the International Crimes Tribunal on 30 December 2014 for crimes against humanity during the Liberation War. The Supreme Court had upheld this sentence on 31 October 2019, but Azhar later filed for a review in July 2020, leading to the recent acquittal.